The text
Footnotes:
--- (1) --- State Law reference— Town to have and exercise existing powers and privileges, be subject to existing duties and liabilities, conferred or imposed by Charter or by special acts relating to it, G.L. 1956, § 45-2-1; scope of ordinances which may be enacted, G.L. 1956, § 45-6-2.
ARTICLE I. - IN GENERAL#
Sec. 2-1. - Town seal.#
The town seal shall be in the following form:
(Code 1982, § 2-1; Code 2003, § 2-1)
Secs. 2-2—2-20. - Reserved.#
ARTICLE II. - TOWN COUNCIL#
Footnotes:
--- (2) --- State Law reference— Town council, G.L. 1956, § 45-5-1 et seq.
Sec. 2-21. - Parliamentary rules.#
Except as otherwise provided by the town council, parliamentary procedure questions arising in council meetings shall be resolved by reference to Robert's Rules of Order, Newly Revised.
(Code 1982, § 2-2; Code 2003, § 2-21)
Sec. 2-22. - Effective date of ordinances.#
All ordinances shall go into operation and effect immediately upon the passage thereof, unless otherwise specifically directed.
(Code 1982, § 2-3; Code 2003, § 2-22)
State Law reference— Ordinances, G.L. 1956, § 45-6-1 et seq.
Secs. 2-23—2-40. - Reserved.#
ARTICLE III. - BOARDS, COMMITTEES, AND COMMISSIONS#
Footnotes:
--- (3) --- State Law reference— Conservation commission, G.L. 1956, § 45-35-1 et seq.
DIVISION 1. - GENERALLY#
Secs. 2-41—2-55. - Reserved.#
DIVISION 2. - PLANNING COMMISSION#
Footnotes:
--- (4) --- State Law reference— Local planning boards and commissions, G.L. 1956, § 45-22-1 et seq.
Sec. 2-56. - Membership.#
The planning commission created and provided for in Charter sections 701—704 and G.L. 1956, ch. 45-22 shall be composed of seven members.
(Code 1982, § 2-4(a); Code 2003, § 2-56)
State Law reference— Subdivision of land, G.L. 1956, § 45-23-1 et seq.; mapped streets, G.L. 1956, § 45-23.1-1 et seq.; zoning ordinances, G.L. 1956, § 35-24-27 et seq.
DIVISION 3. - JUVENILE HEARING BOARD#
Sec. 2-57. - Establishment.#
There is hereby established within the town a juvenile hearing board with the powers set forth in this division and the general laws of the state for the purpose of hearing all cases referred to such board by the juvenile division of the police department, the state police and the state department of environmental management, with respect to persons under the age of 18 who are charged with violating the criminal laws of the state or the town.
(Ord. of 11-2-2009, § 1(2-57))
Sec. 2-58. - Referral.#
(a)
Persons who are under the age of 18 may be referred to the juvenile hearing board, established in this division, which shall have concurrent jurisdiction with the family court if the offense is one which, if committed by an adult, would be a misdemeanor; provided, however, that this requirement shall not apply in the case of any person:
(1)
Charged with the crime of assault or battery;
(2)
Who shall have been twice previously referred to the juvenile hearing board or have been once previously referred and refused or failed to abide by the sanctions imposed or make the restitution recommended; and/or
(3)
Who at the time of the commission of such juvenile offense shall be within the custody and control of the family court. The juvenile hearing board may also, with the express written consent of the chief justice of the family court, hear and dispose of offenses that constitute felony offenses or a felony offense that has been amended to a misdemeanor offense.
(b)
The juvenile division of the town police department, the state police and the state department of environmental management, may offer referral to the juvenile hearing board any other juvenile offender where, in the opinion of the juvenile division, such referral would be beneficial to the juvenile concerned and the community at large. No referral to the juvenile hearing board shall be made by the juvenile division until such person, together with his legal guardians, shall have in writing waived such person's right to a hearing in the family court with respect to the offense charged, has admitted to guilt, and shall have agreed to abide by the decision of the juvenile hearing board.
(Ord. of 11-2-2009, § 1(2-58))
Sec. 2-59. - Composition.#
The membership of the juvenile hearing board shall consist of seven persons, five of whom shall be regular members and two of whom shall be alternate members, over the age of 18 years, to be appointed by the town council, all of whom shall have been a resident for at least three years within the town and none of whom shall be attorneys admitted to practice before the state supreme court. The town council shall appoint the five regular members of the hearing board in the following manner: one member of the hearing board whose term shall expire on December 1, 2010, and thereafter until his successor is appointed and qualified, two members of the hearing board whose terms shall expire on December 1, 2011, and thereafter until their successors are appointed and qualified, and two members of the hearing board whose terms shall expire on December 1, 2012, and thereafter until their successors are appointed and qualified. During the month of November 2011, and annually thereafter, the town council shall appoint a member of the hearing board to succeed the members whose terms will then next expire, to serve for a term of three years, commencing on December 1, and thereafter until their successors are appointed and qualified. The town council shall appoint the alternate members of the hearing board whose term shall expire on November 2011. During the month of November 2011, and annually thereafter, the town council shall appoint the alternate members of the hearing board to succeed the members whose terms will then next expire, to serve for a term of two years, commencing on December 1, and thereafter until their successors are appointed and qualified. In the event of a vacancy occurring in the office of a member of the hearing board by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of service on the hearing board.
(Ord. of 11-2-2009, § 1(2-59))
Sec. 2-60. - Duties.#
The juvenile hearing board shall hear all cases referred to it by the juvenile division and shall recommend sanctions (other than incarceration) including, but not limited to, fines (up to a maximum of $100.00) and community service, and shall direct restitution for any injuries and/or damages, where appropriate, resulting from the commission of such offense. In any such proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his parents or legal guardians to agree to the sanctions imposed, and the amount of restitution, the juvenile hearing board shall take into account the juvenile offender's ability to pay, and the amount of actual damage caused as a result of the commission of such offense.
(Ord. of 11-2-2009, § 1(2-60))
Sec. 2-61. - Meetings.#
(a)
The juvenile hearing board shall meet as necessary. It shall give notice of date and time of meetings to the juvenile division, the juvenile offender, and his parents or legal guardian not less than seven days prior to the date of the hearing. Any juvenile offender may be represented by counsel and present evidence in his behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public. Records of the juvenile hearing board's proceedings shall be sealed and destroyed when the juvenile reaches the age of 18.
(b)
The juvenile hearing board shall elect one from its members as its chairman, and one as its vice-chairman. In the absence of the chairman, the vice-chairman shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted. The juvenile hearing board shall maintain confidentiality in all cases as to the identity of the juvenile and the disposition of the case.
(Ord. of 11-2-2009, § 1(2-61))
Secs. 2-62—2-75. - Reserved.#
ARTICLE IV. - OFFICERS AND EMPLOYEES#
Sec. 2-76. - Indemnification of public officials and employees.#
(a)
Pursuant to and in accordance with G.L. 1956, § 45-15-16, all public employees, officials, members of boards, agencies and commissions, both elected and appointed, paid and unpaid, of the town, including members of any school committee and any other person employed by the school department and any person appointed to any board, agency or commission by such school committee of the town, paid and unpaid, are hereby indemnified by the town from all loss, cost, expense and damage, including legal fees and court costs, if any, arising out of any claim, action, compromise, settlement or judgment by reason of any intentional tort or by reason of any alleged error or misstatement or action or omission, or neglect or violation of the rights of any person under federal or state law, including misfeasance, malfeasance or nonfeasance or any act, omission or neglect contrary to any federal or state law which imposes personal liability on any such person, if such person, at the time of such intentional tort or act, omission or neglect, was acting within the scope of his official duties or employment.
(b)
No such indemnification shall apply to any person described in subsection (a) of this section for any misstatement, error, act, omission or neglect if it resulted from willful, wanton or malicious conduct on the part of such person.
(Code 1982, § 2-5; Code 2003, § 2-76)
State Law reference— Indemnification for public officials, G.L. 1956, § 45-15-16.
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Sec. 2-77. - Table of organization.#
The following is the table of organization for the town:
(Code 2003, § 2-77)